The revised TCR requires public water systems that are vulnerable to microbial contamination to identify and fix conditions causing that vulnerability, and establishes criteria for systems to qualify and remain on a reduced monitoring frequency that will lessen their regulatory burden. The rule establishes compliance based on the presence of E. coli and eliminates the existing maximum contaminant level (MCL) for total coliforms. This change is more protective of public health because E. coli is a more specific indicator of fecal contamination and potential harmful pathogens than total coliforms. Under the revised TCR, systems that exceed a specified frequency of total coliform detection must conduct sanitary assessments and correct any deficiencies found. By establishing a more precise indicator of pathogenic contamination, requiring more frequent monitoring, and requiring rigorous assessment of the sanitary integrity of a supply system when any coliforms are detected, the revised TCR enhances public health directly and addresses conditions that may lead to potential public health risks.
Other revisions to Chapter
NR 809 covered under this scope do not encompass changes to existing policies and only change the chapter to update it with revisions made by EPA since the last chapter's revision or to make minor corrections needed to make Chapter
NR 809 more accurate.
The Department needs to amend Chapter
NR 809 to maintain its primacy to administer the SDWA. Alternative policies are not applicable since those would jeopardize the Department's delegated authority to implement the SDWA.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
“The department may establish, administer and maintain a safe drinking water program no less stringent than the requirements of the safe drinking water act,
42 USC 300f to
300j-26."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
This rule effort will require approximately 700 hours of state employees' time. Of that estimate, approximately 500 hours will be spent by the principal drafter of the TCR and the section's rule coordinator. The remaining hours are those projected to be spent by other participants of this rule revision team and our legal counsel.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All public water supply systems in Wisconsin:
•
Municipal
•
Other than Municipal (OTM)
•
Transient, non-community (TN)
•
Non transient, non-community (NN)
Laboratories providing analyses to public water systems
Consultants providing services to public water systems
Department of Agriculture, Trade, and Consumer Protection (DATCP)
Department of Health Services (DHS)
Consumers of potable water
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
This scope does not specifically address rule development; it only seeks authorization to initiate rule development. The Department will strive to propose regulatory language that mirrors relevant existing federal regulations and will offer a comparison addressing this item at the time the rule language is developed.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The projections offered here are solely related to this proposed revision to the TCR and do not represent the total costs of implementing the complete TCR.
The anticipated economic impact of implementing the revised TCR will be borne by stakeholders and the Department. The exact distribution of the economic impacts will depend on which option, among those available in the TCR, the Department proposes for final implementation.
The proposed rule will have a moderate (Level 2) economic impact. The anticipated economic impact is provided as a range of cost estimates that bracket the implementation options available. For the first cost option the cost will be borne largely by the Department in the form of additional site visits. It is anticipated that this option will involve adding staff, or contracting for additional staff services, at a cost of approximately $1,200,000 per year. For the second cost option, the cost will be borne largely by water systems in the form of increased cost for sample analysis and shipping. It is anticipated that these costs will be approximately $5,700,000 per year. These cost estimates represent the minimum and maximum costs; other available options could balance the costs between the Department and the water systems but would not result in overall costs of less than $1,200,000 per year.
The rule is not likely to have a significant economic impact on small businesses. However, if an implementation option is chosen, where costs are largely borne by the water system, small businesses may see additional costs of $600 per year. Purveyors of analytical services may see a beneficial positive increase in demand, while a small percentage of OTM, TN, and NN systems may experience operational cost reductions that offset the systems' potential increase in monitoring costs.
9. Contact Person
Lee Boushon; 608-266-0857
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
The definition of immoral conduct.
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule change will expand the ch.
PI 34 definition of “immoral conduct" to align that definition with the statutory definition. The statutory definition of “immoral conduct" was expanded in
2011 Wisconsin Act 84 to include the intentional use of an educational agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
This proposed rule change is a technical change that would modify the ch.
PI 34 definition of “immoral conduct" to reflect the statutory definition.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.31 License or permit revocation; reports; investigation.
115.31 (1) In this section:
115.31 (1) (c) “Immoral conduct" means conduct or behavior that is contrary to commonly accepted moral or ethical standards and that endangers the health, safety, welfare or education of any pupil. “Immoral conduct" includes the intentional use of an educational agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.
115.31( 8) The state superintendent shall promulgate rules to implement and administer this section.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with developing a process to implement the rule will be fairly significant.
6. List with Description of all Entities that may be Affected by the Proposed Rule.
This rule change should not affect any entity since this is only a technical change to align the rule with statutes.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Contact Person
Katie Schumacher, Budget and Policy Analyst and Administrative Rules Coordinator, Wisconsin Department of Public Instruction, (608) 267-9127,
katie.schumacher@dpi.wi.gov.
